Lieutenant-Colonel William T. Lusk to Elizabeth Adams Lusk, August 17, 1863

Headquarters Del. Dept.,

Wilmington, Del., Aug. 17th, 1863.

My dear Mother:

The month is rapidly passing away, and I am awaiting impatiently the time of my release. Meanwhile I do not mean to pine, but am trying to enjoy myself the best way possible. For instance, Saturday evening, took tea with the Bishop. Yesterday, dined with the Chief Justice. Now we are making arrangements to get up a steamboat excursion to Fort Delaware — a little private party of our own to return some of the civilities that have been paid us. We (Ned and I) mean to have all the pretty girls. Mrs. LaMotte, a charming lady, is to play matron, and I think will have a tolerably good time. So you see, as I said before, we don't pine, still I shall be glad when I shall be at liberty to return home. Have just finished reading Mrs. Fanny Kemble's book on plantation life. By George! I never heard anything to compare with her descriptions. They make one's blood run cold. Though told with great simplicity and evident truth, compared with them Mrs. Stowe's book is a mild dish of horrors. In this State of Delaware I believe there is a larger proportion of extreme Abolitionists than in Massachusetts. People are tired of being ruled by the lottery and slave interests which heretofore have locked hands together. Gen. Tyler is an unconditional man. When one protests his loyalty, the Gen. always asks him if his loyalty is great enough to acquiesce in the emancipation proclamation, and according to the answer, "Yes" or "No," he is judged. Uncle Tom I fear, wouldn't stand much chance here. I had a few lines from Alfred Goddard a day or two ago. He seems to be well pleased with his position on Gen. Harland's Staff. The letter you enclosed to me from Harry Heffron, had all the latest news from the 79th. They have suffered much in following up Johnston in Mississippi from want of water, Johnston leaving in every well either a dead horse or a mule. Agreeable! They are now however on their way to Kentucky and rejoicing. McDonald is on Gen. Parke's Staff. I believe my handwriting grows daily more unformed. How I have degenerated from the example Grandfather Adams set us. However, I have to write fast and sacrifice beauty to utility.

Best love.

Affec'y.,

Will.

SOURCE: William Chittenden Lusk, Editor, War Letters of William Thompson Lusk, p. 292-4

The Confederate Sequestration Act, August 30, 1861

AN ACT for the sequestration of the estates, property, and effects of alien enemies, and for the indemnity of citizens of the Confederate States and persons aiding the same in the existing war with the United States.

Whereas, the Government and people of the United States have departed from the usages of civilized warfare in confiscating and destroying the property of the people of the Confederate States of all kinds, whether used for military purposes or not; and

Whereas, our only protection against such wrongs is to be found in such measures of retaliation as will ultimately indemnify our own citizens for their losses, and restrain the wanton excesses of our enemies: Therefore,

Be it enacted by the Congress of the Confederate States of America, That all and every the lands, tenements and hereditaments, goods and chattels, rights and credits within these Confederate States, and every right and interest therein held, owned, possessed, or enjoyed by or for any alien enemy since the twenty-first day of May, one thousand eight hundred and sixty-one, except such debts due to an alien enemy as may have been paid into the treasury of any one of the Confederate States prior to the passage of this law, be, and the same are hereby, sequestrated by the Confederate States of America, and shall be held for the full indemnity of any true and loyal citizen or resident of these Confederate States, or other person aiding said Confederate States in the prosecution of the present war between said Confederate States and the United States of America, and for which he may suffer any loss or injury under the act of the United States to which this act is retaliatory, or under any other act of the United States, or of any State thereof authorizing the seizure, condemnation, or confiscation of the property of citizens or residents of the Confederate States, or other person aiding said Confederate States, and the same shall be seized and disposed of as provided for in this act: Provided, however, When the estate, property, or rights to be affected by this act were, or are, within some State of this Confederacy, which has become such since said twenty-first day of May, then this act shall operate upon and as to such estate, property, or rights, and all persons claiming the same from and after the day such State so became a member of this Confederacy, and not before: Provided further, That the provisions of the act shall not extend to the stocks or other public securities of the Confederate Government, or of any of the States of this Confederacy held or owned by any alien enemy, or to any debt, obligation, or sum due from the Confederate Government, or any of the States, to such alien enemy: And provided also, That the provisions of this act shall not embrace the property of citizens or residents of either of the States of Delaware, Maryland, Kentucky, or Missouri, or of the District of Columbia, or the Territories of New Mexico, Arizona, or the Indian Territory south of Kansas, except such of said citizens or residents as shall commit actual hostilities against the Confederate States, or aid and abet the United States in the existing war against the Confederate States.

SEC. 2. And be it further enacted, That it is, and shall be, the duty of each and every citizen of these Confederate States speedily to give information to the officers charged with the execution of this law of any and every lands, tenements and hereditaments, goods and chattels, rights and credits within this Confederacy, and of every right and interest therein held, owned, possessed, or enjoyed by or for any alien enemy as aforesaid.

SEC. 3. Be it further enacted, That it shall be the duty of every attorney, agent, former partner, trustee, or other person holding or controlling any such lands, tenements or hereditaments, goods or chattels, rights or credits, or any interest therein of or for any such alien enemy, speedily to inform the receiver, hereinafter provided to be appointed, of the same and to render an account thereof, and so far as is practicable to place the same in the hands of such receiver; whereupon such persons shall be fully acquitted of all responsibility for property and effects so reported and turned over. And any such person willfully failing to give such information and render such account shall be guilty of a high misdemeanor, and upon indictment and conviction shall be fined in a sum not exceeding $5,000 and imprisoned not longer than six months, said fine and imprisonment to be determined by the court trying the case, and shall further be liable to be sued by said Confederate States and subjected to pay double the value of the estate, property, or effects of the alien enemy held by him or subject to his control.

SEC. 4. It shall be the duty of the several judges of this Confederacy to give this act specially in charge to the grand juries of these Confederate States, and it shall be their duty at each sitting well and truly to inquire and report all lands, tenements and hereditaments, goods and chattels, rights and credits, and every interest therein within the jurisdiction of said grand jury held by or for any alien enemy, and it shall be the duty of the several receivers, appointed under this act, to take a copy of such report and to proceed in obtaining the possession and control of all such property and effects reported and to institute proceedings for the sequestration thereof in the manner hereinafter provided.

SEC. 5. Be it further enacted, That each judge of this Confederacy shall as early as practicable appoint a receiver for each section of the State for which he holds a court, and shall require him before entering upon the duties of his office to give a bond in such penalty as may be prescribed by the judge, with good and sufficient security, to be approved by the judge, conditioned that he will diligently and faithfully discharge the duties imposed upon him by law. And said officer shall hold his office at the pleasure of the judge of the district or section for which he is appointed, and shall be removed for incompetency, or inefficiency, or infidelity in the discharge of his trust And should the duties of any such receiver at any time appear to the judge to be greater than can be efficiently performed by him, then it shall be the duty of the judge to divide the district or section into one or more other receivers' districts, according to the necessities of the ease, and to appoint a receiver for each of said newly created districts. And every such receiver shall also, before entering upon the duties of his office, make oath in writing before the judge of the district or section for which he is appointed, diligently, well, and truly to execute the duties of his office.

SEC. 6. Be it further enacted, That it shall be the duty of the several receivers aforesaid to take the possession, control, and management of all lands, tenements and hereditaments, goods and chattels, rights and credits of each and every alien enemy within the section for which he acts. And to this end he is empowered and required, whenever necessary for accomplishing the purposes of this act, to sue for and recover the same in the name of said Confederate States, allowing, in the recovery of credits, such delays as may have been, or may be, prescribed in any State as to the collection of debts therein during the war. And the form and mode of action, whether the matter be of jurisdiction in law or equity, shall be by petition to the court, setting forth, as best he can, the estate, property, right, or thing sought to be recovered, with the name of the person holding, exercising supervision over, in possession of, or controlling the same, as the case may be, and praying a sequestration thereof. Notice shall thereupon be forthwith issued by the clerk of the court, or by the receiver, to such person, with a copy of the petition, and the same shall be served by the marshal or his deputy and returned to the court as other mesne process in law cases; whereupon the cause shall be docketed and stand for trial in the court according to the usual course of its business, and the court or judge shall at any time make all orders of seizure that may seem necessary to secure the subject-matter of the suit from danger of loss, injury, destruction, or waste, and may, pending the cause, make orders of sale in cases that may seem to such judge or court necessary to preserve any property sued for from perishing or waste: Provided, That in any case when the Confederate judge shall find it to be consistent with the safe-keeping of the property so sequestered to leave the same in the hands and under the control of any debtor or person in whose hands the real estate and slaves were seized, who may be in possession of the said property or credits, he shall order the same to remain in the hands and under the control of said debtor or person in whose hands the real estate and slaves were seized, requiring in every such ease such security for the safe-keeping of the property and credits as he may deem sufficient for the purpose aforesaid, and to abide by such further orders as the court may make in the premises. But this proviso shall not apply to bank or other corporation stock, or dividends due, or which may be due thereon, or to rents on real estate in cities. And no debtor or other person shall be entitled to the benefit of this proviso unless he has first paid into the hands of the receiver all interests or net profits which may have accrued since the twenty-first of May, eighteen hundred and sixty-one; and in all cases coming under this proviso, such debtor shall be bound to pay over annually to the receiver all interest which may accrue as the same falls due; and the person in whose hands any other property may be left shall be bound to account for, and pay over annually to the receiver, the net income or profits of said property, and on failure of such debtor or other person to pay over such interest, net income, or profits as the same falls due, the receiver may demand and recover the debt or property. And wherever, after ten days' notice to any debtor or person in whose hands property or debts may be left, of all application for further security, it shall be made to appear to the satisfaction of the court that the securities of such debtor or person are not ample, the court may, on the failure of the party to give sufficient additional security, render judgment against all the parties on the bond for the recovery of the debt or property: Provided further, That said court may, whenever, in the opinion of the judge thereof, the public exigencies may require it, order the money due as aforesaid to be demanded by the receiver, and if upon demand of the receiver, made in conformity to a decretal order of the court requiring said receiver to collect any debts for the payment of which security may have been given under the provisions of this act, the debtor or his security shall fail to pay the same, then upon ten days' notice to said debtor and his security, given by said receiver, of a motion to be made in said court for judgment for the amount so secured, said court, at the next term thereof, may proceed to render judgment against said principal and security, or against the party served with such notice, for the sum so secured, with interest thereon, in the name of said receiver, and to issue execution therefor.

SEC. 7. Any person in the possession and control of the subject-matter of any such suit, or claiming any interest therein, may, by order of the court, be admitted as a defendant and be allowed to defend to the extent of the interest propounded by him; but no person shall be heard in defense until he shall file a plea, verified by affidavit and signed by him, setting forth that no alien enemy has any interest in the right which he asserts, or for which he litigates, either directly or indirectly, by trust, open or secret, and that he litigates solely for himself or for some citizen of the Confederate States whom he legally represents; and when the defense is conducted for or on account of another, in whole or part, the plea shall set forth the name and residence of such other person, and the relation that the defendant bears to him in the litigation. If the cause involves matter which should be tried by a jury according to the course of the common law, the defendant shall be entitled to a jury trial. If it involves matters of equity jurisdiction the court shall proceed according to its usual mode of procedure in such cases; and the several courts of this Confederacy may from time to time establish rules of procedure under this act, not inconsistent with the act or other laws of these Confederate States.

SEC. 8. Be it further enacted, That the clerk of the court shall, at the request of the receiver, from time to time issue writs of garnishment, directed to one or more persons, commanding them to appear at the then sitting or at any future term of the court, and to answer under oath what property or effects of any alien enemy he had at the service of the process, or since has had under his possession or control belonging to or held for an alien enemy, or in what sum if any he is or was at the time of service of the garnishment, or since has been, indebted to any alien enemy; and the court shall have power to condemn the property or effects or debts, according to the answer, and to make such rules and orders for the bringing in of third persons claiming or disclosed by the answer to have an interest in the litigation as to it shall seem proper; but in no case shall any one be heard in respect thereto until he shall by sworn plea set forth substantially the matters before required of parties pleading. And the decree or judgment of the court rendered in conformity to this act shall forever protect the garnishee in respect to the matter involved. And in all cases of garnishment under this act the receiver may test the truth of the garnishee's answer by filing a statement, under oath, that he believes the answer to be untrue, specifying the particulars in which he believes the garnishee has, by omission or commission, not answered truly, whereupon the court shall cause an issue to be made between the receiver and garnishee, and judgment rendered as upon the trial of other issues. And in all cases of litigation under this act the receiver may propound interrogatories to the adverse party touching any matter involved in the litigation, a copy of which shall be served on the opposite party or his attorney, and which shall be answered under oath within thirty days of such service; and upon failure so to answer the court shall make such disposition of the cause as shall to it seem most promotive of justice, or should it deem answers to the interrogatories necessary in order to secure a discovery, the court shall imprison the party in default until full answers shall be made.

SEC. 9. It shall be the duty of the district attorney of the Confederate States diligently to prosecute all causes instituted under this act, and he shall receive as a compensation therefor 2 per cent. upon and from the fruits of all litigation instituted under this act: Provided, That no matter shall be called litigated except a defendant be admitted by the court and a proper plea be filed.

SEC. 10. Be it further enacted, That each receiver appointed under this act shall, at least every six months, and as much oftener as he may be required by the court, render a true and perfect account of all matters in his hands or under his control under the law, and shall make and state just and perfect accounts and settlements under oath of his collections of moneys and disbursements under this law, stating accounts and making settlements of all matters separately, in the same way as if he were administrator of several estates of deceased persons by separate appointments. And the settlements and decrees shall be for each case or estate separately, so that the transaction in respect to each alien enemy's property may be kept recorded and preserved separately. No settlement as above provided shall, however, be made until judgment or decree of sequestration shall have passed; but the court may at any time pending litigation require an account of matters in litigation and in the possession of the receiver, and may make such orders touching the same as shall protect the interest of the parties concerned.

SEC. 11. When the accounts of any receiver shall be filed respecting any matter which has passed sequestration, the court shall appoint a day for settlement, and notice thereof shall be published consecutively for four weeks in some newspaper near the place of holding the court, and the clerk of the court shall send a copy of such newspaper to the district attorney of the Confederate States for the court where the matter is to be heard, and it shall be the duty of said district attorney to attend the settlement and represent the Government and to see that a full, true, and just settlement is made. The several settlements preceding the final one shall be interlocutory only, and may be impeached at the final settlements, which latter shall be conclusive, unless reversed or impeached within two years for fraud.

SEC. 12. Be it further enacted, That the court having jurisdiction of the matter shall, whenever sufficient cause is shown therefor, direct the sale of any personal property, other than slaves, sequestered under this act, on such terms as to it shall seem best, and such sale shall pass the title of the person as whose property the same has been sequestered.

SEC. 13. All settlements of accounts of receivers for sequestered property shall be recorded and a copy thereof shall be forwarded by the clerk of the court to the Treasurer of the Confederate States within ten days after the decree, interlocutory or final, has been passed; and all balances found against the receiver shall by him be paid over into the court, subject to the order of the Treasurer of the Confederate States, and upon the failure of the receiver for five days to pay over the same execution shall issue therefor, and he shall be liable to attachment by the court and to suit upon his bond. And any one embezzling any money under this act shall be liable to indictment, and on conviction shall be confined at hard labor for not less than six months nor more than five years, in the discretion of the court, and fined in double the amount embezzled.

SEC. 14. Be it further enacted, That the President of the Confederate States shall, by and with the advice and consent of Congress, or of the Senate if the appointment be made under the permanent Government, appoint three discreet commissioners, learned in the law, who shall hold at the seat of Government two terms each year, upon notice given, who shall sit so long as the business before them shall require, whose duty it shall be, under such rules as they may adopt, to hear and adjudge such claims as may be brought before them by any one aiding this Confederacy in the present war against the United States, who shall allege that he has been put to loss under the act of the United States in retaliation of which this act is passed, or under any other act of the United States, or of any State thereof, authorizing the seizure, condemnation, or confiscation of the property of any citizen or resident of the Confederate States, or other person aiding said Confederate States in the present war with the United States, and the finding of such commissioners in favor of any such claim shall be prima facie evidence of the correctness of the demand, and whenever Congress shall pass the claim, the same shall be paid from any money in the Treasury derived from sequestration under this act: Provided, That said Board of Commissioners shall not continue beyond the organization of the Court of Claims provided for by the Constitution, to which Court of Claims the duties herein provided to be discharged by commissioners shall belong upon the organization of said court. The salaries of said commissioners shall be at the rate of $2,500 per annum, and shall be paid from the Treasury of the Confederacy. And it shall be the duty of the Attorney-General or his assistant to represent the interests of this Government in all cases arising under this act before said Board of Commissioners.

SEC. 15. Be it further enacted, That all expenses incurred in proceedings under this act shall be paid from the sequestered fund, and the judges, in settling accounts with receivers, shall make to them proper allowances of compensation, taking 2½ per cent. on receipts, and the same amount on expenditures, as reasonable compensation in all cases. The fees of the officers of court shall be such as are allowed by law for similar services in other cases, to be paid, however, only from the sequestered fund: Provided, That all sums realized by any receiver in one year for his services exceeding $5,000 shall be paid into the Confederate Treasury for the use of the Confederacy.

SEC. 16. Be it further enacted, That the Attorney-General shall prescribe such uniform rules of proceeding under this law, not herein otherwise provided for, as shall meet the necessities of the case.

SEC. 17. Be it further enacted, That appeals may lie from any final decision of the court under this law, in the same manner and within the same time as is now or hereafter may be by law prescribed for appeals in other civil cases.

SEC. 18. Be it further enacted, That the word “person” in this law includes all private corporations, and in all cases when corporations become parties and this law requires an oath to be made it shall be made by some officer of such corporation.

SEC. 19. Be it further enacted, That the courts are vested with jurisdiction and required by this act to settle all partnerships heretofore existing between a citizen and one who is an alien enemy; to separate the interest of the alien enemy, and to sequestrate it; and shall also sever all joint rights when an alien enemy is concerned, and sequestrate the interest of such alien enemy.

SEC. 20. Be it further enacted, That in all cases of administration of any matter or thing under this act, the court having jurisdiction may make such orders touching the preservation of the property or effects under the direction or control of the receiver, not inconsistent with the foregoing provisions, as to it shall seem proper. And the receiver may at any time ask and have the instructions of the court, or judge, respecting his conduct in the disposition or management of any property or effects under his control.

SEC. 21. That the Treasury notes of this Confederacy shall be receivable in payment of all purchases of property or effects sold under this act.

SEC. 22. Be it further enacted, That nothing in this act shall be construed to destroy or impair the lien or other rights of any creditor, a citizen or resident of either of the Confederate States, or of any other person, a citizen or resident of any country, State, or Territory with which this Confederacy is in friendship, and which person is not in actual hostility to this Confederacy. And any lien or debt claimed against any alien enemy, within the meaning of this act, shall be propounded and filed in the court in which the proceedings of sequestration are had within twelve months from the institution of such proceedings for sequestration; and the court shall cause all proper parties to be made and notices to be given, and shall hear and determine the respective rights of all parties concerned: Provided, however, That no sales or payments over of money shall be delayed for or by reason of such rights or proceedings; but any money realized by the receiver, whether paid into the court or Treasury, or still in the receiver's hands, shall stand in lieu of that which produced said money, and be held to answer the demands of the creditors aforesaid, in the same manner as that which produced such money was. And all claims not propounded and filed as aforesaid, within twelve months as aforesaid, shall cease to exist against the estate, property, or effects sequestrated, or the proceeds thereof.

Approved August 30, 1861.

SOURCE: The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies, Series IV, Volume 1 (Serial No. 127), 586-92

Senator Charles Sumner to Governor John A. Andrew, January 26, 1861

Washington, January 26, 1861.

My Dear Andrew, — Yesterday I was with the Attorney-General,¹ an able, experienced, Northern Democratic lawyer, with the instincts of our profession on the relation of cause and effect. He drew me into his room, but there were clerks there; opening the door into another room, there were clerks there, too; and then traversing five different rooms, he found them all occupied by clerks; when, opening the door into the entry, he told me he was “surrounded by Secessionists,” who would report in an hour to the newspapers any interview between us, — that he must see me at some other time and place, — that everything was bad as could be, — that Virginia would certainly secede,—that the conspiracy there was the most wide-spread and perfect, — that all efforts to arrest it by offers of compromise, or by the circulation of Clemens's speech, were no more than that (snapping his fingers), — that Kentucky would surely follow, and Maryland, too. “Stop, Mr. Attorney,” said I, “not so fast. I agree with you to this point, — Maryland would go, except for the complication of the National Capital, which the North will hold, and also the road to it.”

Of course you will keep Massachusetts out of all these schemes. If you notice the proposition for a commission, say that it is summoned to make conditions which contemplate nothing less than surrender of cherished principles, so that she can have nothing to do with it.

My opinion has been fixed for a long time. All the Slave States will go, except Delaware, and perhaps Maryland and Missouri, — to remain with us Free States.

The mistake of many persons comes from this, — they do not see that we are in the midst of a revolution, where reason is dethroned, and passion rules instead. If this were a mere party contest, then the circulation of speeches and a few resolutions might do good. But what are such things in a revolution? As well attempt to hold a man-of-war in a tempest by a little anchor borrowed from Jamaica Pond; and this is what I told the Boston Committee with regard to their petition .

I have but one prayer: Stand firm, keep every safeguard of Human Rights on our statute-book, and save Massachusetts glorious and true.

Ever yours,

Charles Sumner.

_______________

¹ Hon. Edwin M. Stanton.

SOURCE: Charles Sumner; His Complete Works, Volume 7, p. 191-3

Diary of John Beauchamp Jones: February 15, 1863

Already, as if quite certain that the great Northwest would speedily withdraw from the Eastern United States, our people are discussing the eventualities of such a momentous occurrence. The most vehement opposition to the admission of any of the non-slaveholding States, whose people have invaded our country and shed the blood of our people, into this Confederacy, is quite manifest in this city. But Virginia, “the Old Mother,” would, I think, after due hesitation, take back her erring children, Ohio, Illinois, Indiana, and perhaps one or two more, if they earnestly desired to return to her parental protection.

Some of the Cotton States might revolt at such a project, and even the cabinet might oppose the scheme of adding several powerful free States to the Confederacy; but it would not all suffice to prevent it, if they desire to join us. It is true, the constitution would have to be modified, for it is not to be supposed that slaves would be held in any of the States referred to; but then slavery would be recognized by its proper term, and ample guarantees would be agreed upon by the great free States which abandon the United States on the issue of emancipation.

Ohio, Indiana, and Illinois, added to the thirteen Confederate States, would speedily constitute us a people of sufficient military power to defy the menaces of the arms of the greatest powers of the earth; and the commercial and agricultural prosperity of the country would amaze the world.

I am of the opinion that Virginia, Maryland, Delaware, Kentucky, North Carolina, Tennessee, Arkansas, and Missouri would form a league of union with Ohio, Illinois, and Indiana, even if the rest of the Southern States were to reject the alliance. But who can foresee the future through the smoke of war, and amid the clash of bayonets? Nevertheless, division and subdivision would relieve all of the burden of debt, for they would repudiate the greater part, if not the whole, of the indebtedness of both the present governments, which has been incurred in ravaging the country and cutting each other's throats. The cry will be: “We will not pay the price of blood — for the slaughter of our brothers!”

SOURCE: John Beauchamp Jones, A Rebel War Clerk's Diary at the Confederate States Capital, Volume 1, p. 259-60

Diary of Gideon Welles: Tuesday, January 13, 1863

Received this A.M. from Admiral Du Pont an intercepted mail captured off Charleston. Reed Saunders, who had the mail in charge, threw it overboard, as he supposed, but the master of the vessel, once a volunteer acting master in our service whom I had dismissed for drunkenness, practiced a deception, and Saunders threw over something else than the mail, which the master secreted, retained, and delivered, and thereby saved his bacon. The mail was not forwarded to its destination, as Seward directed it should be, but opened. Numerous and important dispatches from Mallory, Memminger, Benjamin,¹ etc., etc., disclose important facts. Took some of the more interesting to Cabinet council.

Was waited upon by a large committee composed mostly of old friends and associates sent here by Connecticut to procure the location of a navy yard at New London. Mr. Speaker Carter was chairman and chief spokesman; wanted a navy yard at New London for defensive purposes, for the benefit to be derived from a large establishment located in the State; but little had been expended in Connecticut by the Federal Government; thought it a duty to look out for our own State; if the Union should be broken up, it would be well to have such an establishment as I had proposed in our own limits, etc. Assured the committee if Congress decided to establish a navy yard at New London I should not oppose but would heartily cooperate to make it what was wanted and what it should be. That the small yard at Philadelphia was totally insufficient, and if, in removing it, Congress should decide to go to New London instead of remaining on the Delaware, I should submit to the decision, but I could not, in honesty, sincerity, and as an American citizen acting for all, recommend it. That I had never supposed that the true interest of the country would be promoted by such a transfer; that, much as I loved my native State, I could not forget I was acting for the whole country and for no one locality. That League Island on the Delaware possessed some peculiar advantages that belonged to no other navy yard nor to New London; that it had been tendered, a free gift, by the city of Philadelphia as a substitute for the present contracted wharfage in the city; that I had conscientiously advised its acceptance, and I could not do otherwise than to still act in accordance with my convictions of what I deemed best for the whole country by continuing to recommend its acceptance, whatever might be determined in regard to a navy yard at New London, which was an altogether different matter.

_______________

¹ Heads respectively of the Navy, Treasury, and State Departments in the Confederate Government.

SOURCE: Gideon Welles, Diary of Gideon Welles, Secretary of the Navy Under Lincoln and Johnson, Vol. 1: 1861 – March 30, 1864, p. 222-3

Diary of John Hay: Monday, April 23, 1861

This morning Doug. Wallack came rushing into the office, looking for Seward with what he called important news. He said that the two ships at the Navy Yard were the Pawnee and the Kingston. They brought marines and naval stores from Norfolk, which place they left after carrying what government property they could not remove. The Premier cursed quietly because the Baltic had not come; told Wallach not to contradict the report that the Baltic had come; said the treason of Hicks would not surprise him; that  the Seventh could cut their way through three thousand rioters; that Baltimore delenda est; and other things, — and strolled back into the audience chamber.

At dinner we sat opposite old Gen. Spinner, who was fierce and jubilant. No frenzied poet ever predicted the ruin of a hostile house with more energy and fervor than he issued the rescript of destiny against Baltimore. “We've got ’em,” he said. “It is our turn now. We keep steadily one week ahead of them, as 8 says. We have burned their hospital and poor-house, Harper's Ferry and the Norfolk Navy Yard. Now let them fight or starve.” He was peculiarly disgusted with the impertinence of Delaware. “The contemptible little neighborhood without population enough for a decent country village, gets upon her hind legs and talks about armed neutrality. The only good use for traitors is to hang them. They are worth more, dead than alive.” — Thus the old liberty-loving Teuton raged.

A gaunt, tattered, uncombed and unshorn figure appeared at the door and marched solemnly up to the table. He wore a rough, rusty overcoat, a torn shirt, and suspenderless breeches. His thin hair stood fretful-porcupine-quill-wise upon his crown. He sat down and gloomily charged upon his dinner. A couple of young exquisites were eating and chatting opposite him. They were guessing when the road would be open through Baltimore. “Thursday!” growled the grim apparition; “or Baltimore will be laid in ashes.”

It was Jim Lane.

To-night there seems to be reliable news at the State Department that the Seventh Regiment and the Massachusetts troops would start from Annapolis to-night, and through the favoring moonlight march to the Junction, where the Government has possession of the Road. The hostile peasantry can harass them fearfully on the way, from fence-corners and hill-sides, if they are ready and brave. . . .

A large and disappointed throng gathered at the Depot this morning hoping to get deliverance. But the hope was futile. They seem doomed to see the rising of the curtain. . . .

SOURCES: Clara B. Hay, Letters of John Hay and Extracts from Diary, Volume 1, p. 21; Michael Burlingame, Inside Lincoln's White House: The Complete Civil War Diary of John Hay, p. 8-9

Assistant-Adjutant General William D. Whipple to Edward McKenney Hudson, August 16, 1861

HEADQUARTERS DEPARTMENT OF PENNSYLVANIA,

Baltimore, Md., August 16, 1861.

EDWARD McK. HUDSON, Aide-de-Camp:

SIR: I am directed by Major-General Dix to acknowledge the receipt of your communication of the 15th instant, addressed to Brigadier-General Dix, commanding Department of Baltimore, and inclosing paragraphs from newspapers published in this city.¹

He requests me to say that he is the major general commanding the Department of Pennsylvania, composed of the States of Pennsylvania, Delaware, and all of Maryland except the counties of Alleghany and Washington, which belong to the Department of the Shenandoah, and the counties of Frederick, Montgomery, and Prince George's, which belong to the Department of Washington. If any changes have been made in his command he has no information, official or unofficial, in respect to them. He received last evening a dispatch, signed Lawrence A. Williams, aide-de-camp, in the name of the commanding general of the division, and though it contained nothing more definite in regard to the authority from which it emanated, he assumed that it came to him by direction of the Government, and immediately sent for the agent of the Sun newspaper, The proprietor being absent, and he thinks the result of the interview will be to cause a discontinuance of exceptionable articles like those which have recently appeared in that paper.

Major-General Dix requests me to say to Major-General McClellan that his attention, since he assumed the command of this department, has been so engaged by official duties that the course of the secessionist papers in Baltimore was not noticed by him until the early part of this week. He has been considering whether the emergency would not warrant a suppression of the papers referred to, if, after warning them of the consequences of a persistence in their hostility to the Union, they should refuse to abstain from misrepresentations of the conduct and motives of the Government and the publication of intelligence calculated to aid and encourage the public enemy. It was his intention in a matter of so much gravity – one affecting so deeply the established opinions of the country in regard to the freedom of the press – to ask the direction of the Government as soon as he should feel prepared to recommend a definite course of action. In the mean time it will give him pleasure to do all in his power to suppress the publication of information in regard to the movements, position, and number of our troops, as Major-General McClellan requests, as it is possible that orders may have been issued affecting his command and by accident not have reached him.

Major-General Dix will be glad to receive any information you may have in regard to the modification, if any has been made, of General Orders, No. 47.²

I am, very respectfully, yours,

 WM. D. WHIPPLE,

 Assistant Adjutant-General.

_______________

¹ Not found.

² Of July 25, 1861. See p. 763, Vol. II, of this series.

SOURCES: The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies, Series 1, Volume 5 (Serial No. 5), p. 562-3; Morgan Dix, Memoirs of John Adams Dix, Volume 2, p. 29-30

Adjutant-General Lorenzo Thomas’ General Orders, No. 47, July 25, 1861

GENERAL ORDERS, No. 47

WAR DEP’T, ADJT. GEN.'S OFFICE,

Washington, July 25, 1861.

I. There will be added to the Department of the Shenandoah the counties of Washington and Alleghany, in Maryland, and such other parts of Virginia as may be covered by the Army in its operations; and there will be added to the Department of Washington the counties of Prince George, Montgomery, and Frederick.

The remainder of Maryland and all Pennsylvania and Delaware will constitute the Department of Pennsylvania; headquarters, Baltimore.

The Department of Washington and the Department of Northeastern Virginia will constitute a geographical division, under Major-General McClellan, U.S. Army; headquarters, Washington.

By order:

 L. THOMAS.

Adjutant-General.

SOURCES: The War of the Rebellion: A Compilation of the Official Records of the Union and Confederate Armies, Series 1, Volume 2 (Serial No. 2), p. 763

Bayard Taylor to Richard Henry Stoddard, April 23, 1862

Tuesday, April 23.

We are fast getting armed and organized here. An armed band of traitors has been within thirty-seven miles of us. We have night patrols (mine armed with my African swords and spears, in default of better weapons), and are preparing to defend our homes. Cedarcroft will make a good castle. I was out scouting yesterday, and I make patriotic addresses (extemporaneous) every night. To-day I am going into Delaware to stir them up. The people here have acted splendidly, — the women are heroes. Old Quaker women see their sons go, without a tear. One of my aunts yesterday was lamenting that her only boy was not old enough to fight. Money is poured out like water. All the old arms are hauled out and put in order, and ploughshares are beaten into swords. Yesterday we heard heavy cannon, probably at Baltimore. My brother W. is still there, and we can't hear a word from him. Mother is a model of courage and patriotism. She is as cheerful as ever. We feel more safe now than on Sunday, but we are still not beyond danger.

I still hope that I shall be able to go to New York on Thursday. I shall come back as soon as possible, however, for an important reverse of the national arms would very soon bring the enemy here. God bless New York! The country will be saved at last, but these days in which we live are very momentous.

Write to me as often as you can. Don't be alarmed, for in two or three days more we shall be so armed and organized as to be safe against surprise, at least. Love to L. and W. from all of us. The country is lovely.

SOURCE: Marie Hansen-Taylor and Horace E. Scudder, Editors, Life and Letters of Bayard Taylor, Volume 1, p. 376-7

Diary of Judith W. McGuire: August 30, 1862

A package arrived last night from our sisters, with my sister [Mary's] diary, for my amusement. It was kept while our dear ones of [William] and S. H. were surrounded by McClellan's army. I shall use my leisure here in copying it, that our children's children may know all that our family suffered during this cruel war. During the six weeks that they were surrounded by the foe, we only heard from them through letters written to their husbands in Richmond. These letters were captured by the enemy, and published in a New York paper; and one was republished in the Richmond Enquirer, where we were most delighted to find it. In that way [William B. Newton], then incarcerated in the walls of Fort Delaware, heard from his mother, wife, and children, for the first time since he was captured, in March.

Mrs. [Newton’s] diary begins:

May 18, 1862

May 22, 1862

May 23, 1862

May 24, 1862

May 26, 1862

May 27, 1862

May 28, 1862

May 30, 1862

June 1, 1862

June 7, 1862

June 8, 1862

June 9, 1862

June 11, 1862

June 13, 1862

June 14, 1862

June 15, 1862

June 16, 1862

June 17, 1862

June 18, 1862

June 20, 1862

June 21, 1862

June 22, 1862

June 24, 1862

June 25, 1862

June 27, 1862

June 28, 1862

July 1, 1862

July 2, 1862

July 4, 1862

I quote no further from Mrs. N's diary, as the next page was devoted to the visits of those dear ones whom God had preserved amid strife and carnage. She mentions the return of our dear W. B. N. from Fort Delaware on the 5th of August, where he had been for several months. He asked but five days' furlough to be with his family, and then returned to his regiment, (Fourth Cavalry.) His reception by his company was most gratifying. As soon as he got to camp, it drew up in line, and requested him to come to the front, when the “Orderly” came up, leading a very handsome bay horse, elegantly equipped, which he presented to his “Captain,” in the name of the company.

SOURCE: Judith W. McGuire, Diary of a Southern Refugee, During the War, p. 134-149

Abraham Lincoln to Henry J. Raymond, March 9, 1862

Private

Executive Mansion

Washington, 9 March 1862.

 Hon. Henry J. Raymond:

My dear Sir:

I am grateful to the New York journals, and not less so to the “Times” than to others, for their kind notices of the late special message to Congress.

Your paper, however, intimates that the proposition, though well intentioned, must fail on the score of expense. I do hope you will reconsider this. Have you noticed the facts that less than one half-day's cost of this war would pay for all the slaves in Delaware at $400 per head — that eighty-seven days' cost of this war would pay for all in Delaware, Maryland, District of Columbia, Kentucky, and Missouri at the same price? Were those States to take the step, do you doubt that it would shorten the war more than eighty-seven days, and thus be an actual saving of expense?

Please look at these things and consider whether there should not be another article in the “Times.”

Yours very truly,

a. lincoln

SOURCE: A copy of this letter can be found in the Abraham Lincoln Papers at the Library of Congress.

John M. Forbes to William Cullen Bryant, August 24, 1861

Naushon, August 24,1861.

Yours of the 21st received. The objection which you suggest to Mr. H. is a very strong one. We need a man in the War Department who, when the right time comes, will not hesitate a moment to assail the weakest point of the enemy. Our Governor Andrew seemed to me to hit the nail on the head when he rebuked Butler for offering to put out any fire in the enemy's camp. The time has come when we can no longer afford to “make war with rose-water,” and it was a great mistake in Congress to limit the confiscation of property to that of rebels found in arms against us. All the property of open rebels should be forfeited the first week of the next Congress; this would enable us to proclaim emancipation in the border States with a fixed compensation for all valuable slaves belonging to loyal citizens, without a very large bill for Virginia.

I had hoped that H. was man enough to go in for such a measure and advocate it as a boon to the loyal citizens of Kentucky, Missouri, Maryland, and Delaware, putting it upon the ground of military necessity. If he is not up to this we don't want him; but it is not worth while to try to get rid of Cameron without at the same time making quite sure of a better man. You remember the old story of the trapped fox begging his friend the hawk not to drive off the half-sated swarm of flies only to give place to a new cloud of them — and hungry ones? I wish you would go a step further, and suggest a successor. Is there no one who could take Chase's place, and give him the War? I forget whether I suggested to you James Joy, of Detroit. He would do well for the War, better for the Interior, from his thorough knowledge of the West. Lincoln, Trumbull, Chandler, and all the Western men know him. He is the most able, decided, and plucky man that I know. How would Sherman do for the Treasury, and Chase for War?

As the matter stands now, the effort to displace Cameron will be coupled with one to put in H., and if the latter is not the right man, we had better rub along as we are, until the right man turns up. Governor Andrew has all the moral qualities; but he is perhaps too pronounced an anti-slavery man, and works too much upon details himself, not using other men. He would kill himself in the Cabinet. . . .

SOURCE: Sarah Forbes Hughes, Letters and Recollections of John Murray Forbes, Volume 1, p. 241-2

Senator James W. Grimes to Admiral Samuel F. Du Pont, March 27, 1863

Burlington, March 27, 1863.

I feel the difficult and responsible position in which you are placed, and the great questions that are to be settled by the issue. The country feels them. There are inconsiderate and senseless men who complain that an attack has not been earlier made; but they know nothing of the true posture of affairs, and their opinions would be worthless if they did. Every one is satisfied that you will attack at the time your judgment shall decide to be the best time, and everybody whose opinion is worth anything is satisfied that your opinion as to when that best time arrives will be correct. In a word, it gratifies me to be able to assure you that the people of the whole country have entire confidence in your capacity and your patriotism, and those who have watched your career do not suffer themselves for one moment to doubt your complete success. It may be that the conflict may be over before this reaches you. I trust it may, and that this may be accepted as my congratulations upon the result. If otherwise, if it reaches you on the eve of battle, then in God's name, in the name of the country, in behalf of your friends, in the name of a good government and of our common humanity, I bid you “good cheer.” May God in his wisdom and mercy protect, defend, and give you success! No grander spectacle can be presented to the human vision than a patriotic, Christian man going forth to battle in defense of a wise, paternal, and humane government.

I regret as much as you can the failure of Congress to provide means to assist the States of Missouri, Maryland, and Delaware, to secure emancipation. I do not doubt that freedom will soon be universal in those States. Just such bills would have been a sort of culmination and rounding off of the acts of the late Congress that would have reflected glory upon it and upon the country. The Thirty-seventh Congress, much maligned as all assemblies of a legislative character have been in revolutionary times, composed to a very great extent of men who had not been trained to statesmanship — elected in a time of profound peace upon a multitude of issues, but no one of them in anticipation of a war — that Congress, in my conviction, has immortalized itself, and stands second only to the first Continental Congress. Still it might, it ought to have done more.

My policy at the last session in regard to naval legislation was “hands off.” All sorts of attempts were made to overturn the legislation of the preceding session, but we in some manner or other defeated all such efforts.

SOURCE: William Salter, The Life of James W. Grimes, p. 235-6

Rutherford B. Hayes to Guy M. Bryan, May 8, 1861

CINCINNATI, May 8, 1861.

DEAR GUY: — I have just received and read your letter of the 27th ult. It does me good to hear from you again. I have thought of you often since these troubles began. Curiously enough, having a bad cold and a slight fever, I dreamed of many things last night. Among others I dreamed of seeing you at the Burnet House; that you wore on your cap some sort of secession emblem and that you were in danger of getting into difficulty with some soldiers who were in the rotunda, and that it was after some effort that I succeeded in getting you rid of them. I should have written you soon even if I had not heard from you.

Your predictions as to the course of things have indeed been very exactly fulfilled. I can recollect distinctly many conversations had twelve, perhaps even fifteen, years ago in which you pointed out the probable result of the agitation of slavery. I have hoped that we could live together notwithstanding slavery, but for some time past the hope has been a faint one. I now have next to no hope of a restoration of the old Union. If you are correct in your view of the facts, there is no hope whatever. In such case, a continued union is not desirable were it possible. I do not differ widely from you as to the possibility of conquering the South, nor as to the expediency of doing it even if it were practicable. If it is the settled and final judgment of any slave State that she cannot live in the Union, I should not think it wise or desirable to retain her by force, even if it could be done.

But am I, therefore, to oppose the war? If it were a war of conquest merely, certainly I should oppose it, and on the grounds you urge. But the war is forced on us. We cannot escape it. While in your State, and in others, perhaps in all the cotton-growing States, a decided and controlling public judgment has deliberately declared against remaining in the Union, it is quite certain that in several States rebellious citizens are bent on forcing out of the Union States whose people are not in favor of secession; that the general Government is assailed, its property taken, its authority defied in places and in a way not supported by any fairly expressed popular verdict. Undoubtedly the design to capture Washington is entertained by the Government of the Southern Confederacy. Undoubtedly that Confederacy has not by its acts sought a peaceful separation. Everything has been done by force. If force had been employed to meet force, I believe several States now out of the Union would have remained in it. We have an example before us. Two weeks ago Maryland was fast going out; now, aided by the power of the general Government, the Union men seem again to be in the ascendant. The same is true of Delaware, Kentucky, Missouri, and western Virginia, with perhaps allowances in some quarters.

I do not, of course, undertake to predict what will be the ultimate object of the war. I trust it will not be merely the conquest of unwilling peoples. Its present object, and its obvious present effect, is to defend the rights of the Union, and to strengthen the Union men in the doubtful States. We were becoming a disgraced, demoralized people. We are now united and strong.

If peaceful separation were to be attempted, it would fail. We should fight about the terms of it. The question of boundary alone would compel a war. After a war we shall make peace. It will henceforth be known that a State disappointed in an election can't secede, except at the risk of fearful war. What is left to us will be ours. The war for the purposes indicated — viz., for the defence of the capital, for the maintenance of the authority of the Government and the rights of the United States, I think is necessary, wise, and just. I know you honestly differ from me. I know that thousands — the great body of the people in some States, perhaps, — agree with you, and if we were only dealing with you and such as you, there would be no war between us. But if Kentucky, Virginia, and other States similarly situated leave the Union, it will be because they are forced or dragged out; and our Government ought not to permit it, if it can be prevented even by war.

I read your letter to Judge Matthews. We agree in the main respecting these questions. I shall be pleased to read it to George [Jones] when we meet. He has two brothers who have volunteered and gone to Washington. Lorin Andrews, President of Kenyon, our classmate, is colonel of a regiment. My brotherin-law, Dr. [James D.] Webb, has gone as a surgeon. I shall not take any active part, probably, unless Kentucky goes out. If so the war will be brought to our own doors and I shall be in it. If I felt I had any peculiar military capacity I should probably have gone to Washington with the rest. I trust the war will be short and that in terms, just to all, peace will be restored. I apprehend, and it is, I think, generally thought, that the war will [not] be a long one. Our whole people are in it. Your acquaintances Pugh, Pendleton, and Groesbeck, are all for prosecuting it with the utmost vigor. Vallandigham is silent, the only man I have heard of in any party. He has not been mobbed and is in no danger of it. I will try to send you Bishop McIlvaine's address on the war. It will give you our side of the matter.

We shall, of course, not agree about the war. We shall, I am sure, remain friends. There are good points about all such wars. People forget self. The virtues of magnanimity, courage, patriotism, etc., etc., are called into life. People are more generous, more sympathetic, better, than when engaged in the more selfish pursuits of peace. The same exhibition of virtue is witnessed on your side. May there be as much of this, the better side of war, enjoyed on both sides, and as little of the horrors of war suffered, as possible, and may we soon have an honorable and enduring peace!

My regards to your wife and boy. Lucy and the boys send much love.

As ever,

R. B. HAYES.

P. S. — My eldest thinks God will be sorely puzzled what to do. He hears prayers for our side at church, and his grandmother tells him that there are good people praying for the other side, and he asks: "How can He answer the prayers of both?"

GUY M. BRYAN,

Texas.

 SOURCE: Charles Richard Williams, editor, Diary and Letters of Rutherford Birchard Hayes, Volume 2, p. 13-6

XXXVIIth Congress -- First Session

WASHINGTON, May 1.

SENATE. – Mr. Howard presented petitions for a general bankrupt law.

Mr. Wright also presented petitions for a bankrupt act, and said that none of them were from Indiana.

Mr. Wilson, of Mass, offered a resolution that the Secretary of war report whether one Fred. K. Emory, who murdered Wm. Phillips in Leavenworth, Kansas, in 1855 or 1856, had been appointed to any place in the department of Kansas.

Mr. Lane, of Kansas, said that the Government had before it today the Kansas difficulty, and presumed it would correct the evil.

The resolution was laid over.

The confiscation bill was taken up.  Mr. Wilson, of Massachusetts, offered as an amendment to the 7th section of Mr. Collamer’s substitute authorizing the President to make a proclamation and free the slaves of those who continue in the rebellion for thirty days.  Messrs. Wilson and Morrill spoke in favor of the bill.

Executive session adjourned.

HOUSE. – Mr. Blair, of Mo., called up the bill recently reported from the military committee, authorizing the appointment of a board of fortifications, to provide for the coast and other defenses of the U. S., and for other purposes; an abstract of which was published on the 24th of April.  Mr. Blair explained the provisions of the bill, and in response to a question, said it suspended the appropriations for fortifications already made.  It also provides that the money shall be expended upon such works of defenses, as shall be recommended by the commissioners proposed to be created by the bill.  The consideration of the bill was postponed until Tuesday week.

Mr. Lovejoy, from the committee on territories, reported a bill to render freedom national and slavery sectional.

The House then went into committee of the whole on the Pacific Rail Road bill.

Mr. Davis offered a resolution declaring that the war now carried on by the United States shall be vigorously prosecuted and continued, to compel obedience to constitutional laws in the lines of every State and Territory by all the citizens and residents thereof, and for no further end whatever.

On motion of Mr. Sumner, the resolution was laid over.

On motion of Mr. Wilson, of Mass., the resolution asking the military committee to enquire whether any further legislation was necessary to prevent soldiers and officers from returning fugitive slaves, was taken up.

Mr. Sumner said he was glad the Senator from Iowa, in his speech, had called attention to some officers, concerning their treatment of fugitives.  One General, who lately made an order returning fugitives, was a native of Massachusetts, and he (Sumner) used his influence to get him appointed. – If he had known that Gen. Hooker would have made such an order, he never would have tried to get him an appointment.  When a General falls in battle, there is honor in it; but when a General falls as Gen. Hooker has fallen, there will be nothing but regret.

He referred to the order of Gen. Doubleday, and contrasted it with that of General Hooker; saying that he, (Doubleday) was an honor to his country.

Mr. Sumner then referred to Gen. McCook at the West, and also to the conduct of the Provost Marshal of Louisville, as being disgraceful to the army.  Mr. Sumner also read an account of how the blacks were oppressed at Louisville.

Mr. Davis asked Mr. Sumner where he got his account.

Mr. Sumner said, from the newspapers in New York.

Mr. Davis had no doubt of the falsity of the account.

Mr. Wilson said he had abundant evidence of the disgraceful treatment of fugitive slaves by portions of the army.

Mr. Sumner also referred to the return of fugitive slaves from the camps of Gen. Buell, and to the order of Gen. Halleck excluding all fugitives from his lines.  Sumner said the order was unconstitutional and an outrage on common humanity, and unworthy of a soldier.  Such an order would exclude all the valuable information received from fugitives, such as, for instance, the capture of New Orleans and the evacuation of Fredericksburg.

Mr. Saulsbury offered as an amendment to the resolution the following:  “And also to inquire what further legislation is necessary to prevent the illegal capture and imprisonment of free white citizens of the United States.”  Mr. Saulsbury referred to the number of persons taken from the States of Delaware and Maryland.  They had been seized by the military authorities and dragged away to forts and prisons, and after being kept a week or two were discharged because no fault could be found with them.  These men belonged to a class who are deemed to be of no account, and whose interests do not appear to be cared for.  They, unfortunately, are free white persons.  The men, who had committed no offense, were seized in violation of every law and every right.  If the wrongs of the negro are to be redressed, he could only ask that the same justice might be meted out to white men.  He asked nothing for men who were disloyal to the Government.  He would have them punished to the full extent of the law.

The time was occupied in explanation of numerous amendments.  The committee rose without coming to a conclusion of the bill.  Adjourned.

– Published in The Davenport Daily Gazette, Davenport, Iowa, Friday Morning, May 2, 1862, p. 1

The New York Legislature's Concurrent Resolutions Tendering Aid to the President of the United States in Support of the Constitution and the Union

Concurrent Resolutions Tendering Aid to the President of the United States in Support of the Constitution and the Union.

Whereas, Treason, as defined by the constitution of the United States, exists in one or more of the States of this confederacy, and

Whereas, The insurgent State of South Carolina, after seizing the post office, custom house, moneys and fortifications of the federal government, has, by firing into a vessel ordered by the government to convey troops and provisions to Fort Sumter, virtually declared war; and whereas, the forts and property of the United States government in Georgia, Alabama and Louisiana, have been unlawfully seized, with hostile intentions; and whereas, further, senators in congress avow and maintain their treasonable acts; therefore,

Resolved (if the senate concur), That the legislature of New York, profoundly impressed with the value of the Union, and determined to preserve it unimpaired, hail with joy the recent firm, dignified and patriotic special message of the president of the United States, and that we tender to him, through the chief magistrate of our own State, whatever aid in men and money he may require to enable him to enforce the laws and uphold the authority of the federal government. And that in defence of “the more perfect union,” which has conferred prosperity and happiness upon the American people, renewing the pledge given and redeemed by our fathers, we are ready to devote “our fortunes, our lives, and our sacred honor” in upholding the Union and the constitution.

Resolved (if the senate concur), That the Union-loving representatives and citizens of Delaware, Maryland, Virginia, North Carolina, Kentucky, Missouri and Tennessee, who labor with devoted courage and patriotism to withhold their States from the vortex of secession, are entitled to the gratitude and admiration of the whole people.

Resolved (if the senate concur), That the governor be respectfully requested to forward, forthwith, copies of the foregoing resolutions to the president of the nation, and the governors of ill the States of the Union.

STATE OF NEW YORK,

IN ASSEMBLY, January 14, 1861.

The preceding preamble and resolutions were duly passed.

By order.

H. A. RISLEY, Clerk.

STATE OF NEW YORK,

IN SENATE, January 14, 1861.

The foregoing preamble and resolutions were duly passed.

By order.

 JAS. TERWILLIGER, Clerk.

SOURCE: Supplement to the Fifth Edition of the Revised Statutes of the State of New York, p. 107

First Session – 37th Congress

WASHINGTON, March 21. – SENATE. – After discussion, the bills were referred to a special committee.

The bill for the Abolition of Slavery in the District of Columbia, was taken up, and as the senat chamber was full of smoke from the bakeries under the Capitol –

Mr. GRIMES moved to adjourn.  They could not sit there in the smoke.

Mr. FESSENDEN asked what had become of the bill to remove the bakeries from the capitol.

Mr. FOOTE said the bill was passed by the Senate, but voted down by the House.

Mr. ANTHONY suggested that the House be informed that the Senate was obliged to adjourn on account to the smoke.

Mr. FESSENDEDN thought it would be better to request the House to have the bakeries moved to their side of the capitol.

The motion [to] adjourn was lost, 18 to 19.

A message was received from the President recommending a vote of thanks to Com. Dupont.

On motion of Mr. WILSON, the Senate went into Executive session.

WASHINGTON, March 24. – HOUSE. – Mr. BLAIR of Virginia presented the certificate of the election of James S. Segur as representative from the 1st District of that State.

Mr. BINGHAM said that no election in the exact form of law could have been held on the day stated, namely the fifteenth isn’t., the election was extemporary.  He moved to refer the paper to the Committee on Elections.  The papers were referred.

Mr. DUNN offered a resolution, which was adopted, instructing the Ways and Means Committee to inquire into the expedience of organizing a large force of miners with the necessary machinery to proceed to the Gold Mines of the West, and work the same for the benefit of the Government, as a means of defraying the expenses of the war.

Mr. HOLMAN offered a resolution, which was adopted, requesting the Secretary of war to inform the House why he has not responded to the resolution of December last, calling for a list of the paymasters, and that he now be directed to furnish the same, and to what extent they can be dispensed with.

Mr. RICE of Massachusetts submitted a resolution, which was referred, authorizing the Secretary of the Navy to expend a sum not exceeding fifty thousand dollars, for the purpose of testing the plans of rendering ships and floating the batteries invulnerable.

Mr. _____ introduced a resolution requesting the Secretary of War to inform the House of the cause, if any, of the protracted delay in the release of Col. Corcoran, a prisoner of war since July, and that the Secretary be directed and requested to stop all exchange of prisoners until Col. Corcoran is released.  The resolution lies over.

Mr. WICKLIFFE introduced a bill to provide funds in part to pay the interest and principle on the public debt.

WASHINGTON, March 24. – HOUSE. – Mr. ASHLEY, from the Committee on Territories, reported a bill to organize the Territory of Arizona, with the Wilmot Proviso applicable to all Territories.

Mr. CRAVEN moved to lay it on the table.

The motion was lost, ayes 49, nays 70.

The consideration of the bill was postponed until next Monday.

The Tax bill was then taken up in Committee of the whole.

Mr. ASHLEY, from the Committee on Territories, reported a bill to provide a temporary Government for Arizona.  One of the sections prohibits Slavery therein as well as in all the Territories now organized.  Mr. Ashley said if any gentleman desired to discuss the measure he would be satisfied with its postponement to-day.  If this was not agreed to, he desired to put the bill on its passage now.

Mr. WICKLIFFE remarked if he understood the facts the Texan rebels were forcing the people there to flee elsewhere for safety.  How could the government, under these circumstances, be organized?  Why attempt it when civil officers could not proceed thither?

Mr. ASHLEY replied, as far as the Committee was advised there are no enemies in Arizona except Indians; no organized white men.

Mr. COX said he would vote for postponing the consideration of the bill indefinitely.  It contained the famous Wilmot Proviso which had occasioned so much trouble in the country.

SENATE. – Mr. TEN EYCK presented a joint resolution from the Legislature from New Jersey asking Congress to take immediate action for the defense of the coast of New Jersey, Pennsylvania and Delaware, resolving that the several States loan the Government funds for this purpose.

Mr. POWELL presented resolutions from the Legislature of Kentucky relating to the tax on tobacco, asking that it be reduced.  Referred.

Mr. SHERMAN of Ohio presented resolutions from the Legislature of Ohio against any proposition for a settlement of the rebellion except an unconditional surrender and punishment of traitors.  Referred.

Mr. MORRILL presented resolutions from the Legislature of Maine endorsing the administration in favor of the confiscation of the property of rebels.  Referred.

Mr. POMEROY introduced a bill for the removal and consolidation of the Indian tribes. – Referred.

On motion of Mr. TRUMBULL the joint resolution in regard to affording aid to the States in favor of emancipation was taken up.

Mr. SAULSBURY said this was a most extraordinary resolution in its purpose and in the source from whence it came.  It was mischievous in its tendency and he was not sure that it was at all patriotic in design.  It was ignoring all the principles of the party in power – it was an interference with the subject of slavery in the States.

Mr. SAULSBURY said it was an attempt to raise a controversy in the slave States.  None of the slave holding states asked aid.  He believed that the President had had this thing in contemplation for some time.

The Legislature of his State (Delaware,) had been in session lately.  The bill had found its way there, and the offering of $800,000 for the emancipation of her slaves, and the Legislature rejected it.  The object of the bill is simply to renew the agitation of the slavery question in the border States, and to raise an abolition party there.  He (Saulsbury) called on the Judiciary Committee to show him any authority in the Constitution for us applying money to the States.  This bill also presents the Government in the light of going into the wholesale negro trading business.  The State of Delaware will never accept of this bill, but the true Union people of the State will go before the people upon ti, and there will not a vestige be left of the Republican party there.

Mr. DAWES offered an amendment as a substituted for the resolution:

Resolved, That although the subject of Slavery in the States is exclusively in the jurisdiction and cognizance of the Government and the people of the States and cannot be interfered with directly or indirectly by the government of the United States.  Yet when any of those States or people may decree the emancipation of their slaves, the U. S. to pay a reasonable price for the slaves so emancipated, and the cost of colonizing them in some other country.

Pending the consideration of the resolution, the morning hour expired, and the bill for the abolition of slavery in the District of Columbia was taken up.  The question was upon the amendment offered by Mr. Doolittle, to the amendment of Mr. Davis, for colonization, that only such persons shall be colonized as desires to go to some other country, at a cost not exceeding $1,000 per man.

Mr. Morrill and others explained that they should vote against the amendment because they preferred the bill as it was.

The question was then taken on Mr. Davis’ amendment with the following result:

Ayes – Messrs. Anthony, Browning, Collamar, Cowan, Davis, Doolittle, Harlan, Harris, Henderson, Howe, Lane of Indiana, Lane of Kansas, Latham, Powell, Sherman, Ten Eyck, Wilson of Missouri, and Wright – 19.

Nays – Messrs. Carlisle, Chandler, Clark, Dixon, Fessenden, Foote, Grimes, Hale, Howard, Dewey, King, Kennedy, Morrill, Starke, Skinner, Wade, Wilkinson, Wilmot, and Wilson of Massachusetts – 19.

This being a tie vote the Vice President voted in the negative.  Adjourned.

WASHINGTON, March 25. – HOUSE. – On motion of Mr. Campbell in view of the pending of the tax bill, the consideration of the Pacific Railroad bill was postponed, and made the special order for Tuesday next.  The House then in Committee on the Whole, resumed the consideration of the tax bill.

SENATE. – On the motion of Mr. FOOTE the resolution to refer the superintendency of the capitol extension and on the dome from the War Department to the Department of the Interior was taken up.

The bill for the abolition of slavery was taken up.  Mr. Wilson of Mass., spoke in favor of the bill.  Mr. King spoke against it.

– Published in The Burlington Weekly Hawk-Eye, Burlington, Iowa, Saturday, March 29, 1862, p. 4